Terms and conditions of sale

NFTimbre.com TERMS AND CONDITIONS

Welcome to NFTimbre.com

La Poste has developed the NFTimbre.com Service, which allows customers to order a physical stamp linked to a Non-Fungible Token (NFT), which the Customer can store in a digital wallet.

The NFTimbre.com Service is a service offered by La Poste intended for:

• on the one hand, individuals,
• and, secondly, businesses.

The NFTimbre.com Service is one of the services offered by La Poste, via Philaposte, a subsidiary of La Poste Group responsible for running the official French philatelic programme.

The purpose of these General Terms and Conditions of Sale, hereinafter referred to as the “GTC”, is to define the respective obligations of La Poste and the Customer, as well as the terms and conditions of the NFTimbre Service to which the Customer has decided to subscribe.

La Poste and the Customer are referred to individually as a “Party” and collectively as the “Parties”.

The NFTimbre.com Service is marketed worldwide, with the exception of a few countries, for technical and regulatory reasons.

Contents:

ARTICLE 1 COMPANY IDENTITY

ARTICLE 2 DEFINITIONS

ARTICLE 3: DESCRIPTION OF NFTIMBRE

ARTICLE 4: ACCEPTANCE OF THE TERMS AND CONDITIONS AND OPERATION OF THE SERVICE

ARTICLE 5: SUBSCRIPTION TO THE SERVICE

ARTICLE 6: ORDER – PRICE – PAYMENT

ARTICLE 7: OBLIGATIONS OF THE PARTIES

ARTICLE 8: LIABILITY OF THE POSTAL SERVICE

ARTICLE 9: CUSTOMER’S LIABILITY

ARTICLE 10: TERMINATION AND END OF CONTRACT

ARTICLE 11: PROCESSING OF PERSONAL DATA – GDPR – COOKIES

ARTICLE 12: INTELLECTUAL PROPERTY RIGHTS

ARTICLE 13: RIGHT OF WITHDRAWAL

ARTICLE 14: STATUTORY WARRANTIES

ARTICLE 15: FORCE MAJEURE

ARTICLE 16: MISCELLANEOUS PROVISIONS

ARTICLE 17: ANTI-CORRUPTION AND INTERNATIONAL SANCTIONS

ARTICLE 18: HANDLING OF COMPLAINTS

ARTICLE 19: GOVERNING LAW AND SETTLEMENT OF DISPUTES

ARTICLE 1 IDENTITY OF THE COMPANY

La Poste is a public limited company with a share capital of €6,182,950,580, registered with the Paris Trade and Companies Register under number 356 000 000. Registered office: 9 rue du colonel Pierre Avia, 75015 Paris

Intra-Community VAT number: FR39 356 000 000.

La Poste’s unique identifier under the Extended Producer Responsibility (EPR) scheme for household packaging: FR210044_01YWFH

ARTICLE 2 DEFINITIONS

The terms defined below shall have the following meanings between the Parties:

Blockchain: Blockchain is a decentralised, transparent and tamper-proof transaction ledger.

All transactions take place without an intermediary and are secured using cryptography. NFTs are based on blockchain technology, which allows them to benefit from its traceability and tamper-proof nature.

Customer: A natural or legal person who wishes to use the NFTimbre.com Service and registers on the NFTimbre.com Website.

My La Poste Account/My NFT Account/My Account/Account: refer to the Username, Password, and all the User’s personal data and preferences, enabling them to:

• to access a Customer Area on the Account
• to subscribe to and log in online to the services of the www.NFTimbre.com website

Furthermore, the Account data enables La Poste to personalise the support provided to the User in their various interactions.

The T&Cs/Terms of Use relating to La Poste accounts are available via the following URL: https://moncompte.laposte.fr/moncompte-selfcare/cgu.html

Terms and Conditions: refers to these General Terms and Conditions of Sale (also referred to as the Contract) for the NFTimbre.com Service (including any document expressly incorporated by reference into these General Terms and Conditions), any specific terms and conditions specified by La Poste, and any amendments thereto.

Personal Data or Data: refers to all data (regardless of format) provided by the Customer which (i) identifies or can be used to identify, contact or locate, directly or indirectly, a natural person, or (ii) relates in any way to an identified natural person.

Customer Area: refers to the area where the Customer can manage their account and view their invoices. This area includes the Wallet provided for storing their NFT.

NFT: An NFT (non-fungible token) is a piece of data representing an object, usually digital. This data is stored and authenticated using a blockchain protocol, which gives it its value. A non-fungible token is often presented as a title of ownership, recorded in a public and decentralised digital ledger, which can be interpreted as a tamper-proof certificate of authenticity.

NFTimbre: This is the digital twin of the physical stamp. This twin may, for example, take the form of an animated video of the stamp, or an HD image that reveals the invisible details of the ‘physical’ stamp. This twin is associated with an NFT (‘Non-Fungible Token’).

NFTimbre.com (or Service): The NFTimbre.com Service enables users to purchase and collect collector’s stamps accompanied by an NFT issued by La Poste, offering a simple solution, as well as to store their NFTs via its Wallet.

Malicious software: any harmful computer code such as, in particular, viruses, logic bombs, worms, wabbits, Trojan horses or any other code or instruction: infecting or affecting any programme, software, data, file, database, computer or other hardware or component; or damaging, impairing or compromising the integrity or confidentiality of any of the physical or logical elements forming an integral part of an information system or processed by it; or disrupting, in whole or in part, the operation of an information system, or diverting or enabling the diversion, in whole or in part, of an information system from its intended use.

Site: website developed by La Poste, enabling the ordering of stamps and NFT stamps, as well as the storage of these NFTs. Accessible free of charge at the following address: www.NFTimbre.com

Tezos: Tezos is a scalable decentralised ledger (blockchain) platform for the development of smart contracts based on the Tez (ꜩ, XTZ) cryptocurrency.

First Day Cover: In philately, ‘first day’ refers to the first day of issue of a postage stamp and is considered a significant event. On the first day of issue, the stamp is cancelled with a first-day postmark and features an illustration related to the stamp’s subject. The postmark often depicts a design linked to the stamp’s design.

Wallet (or Digital Wallet): A wallet is a digital wallet that allows you to store NFTs and sometimes your cryptocurrencies, and which can be accessed via any device with an internet connection. In the context of NFTimbre.com, the wallet offered is:

• Known as a custodial wallet, meaning that private keys are managed by the platform and it only allows you to store NFTs issued by La Poste / Philaposte.
• The Customer also has the option to transfer their NFTimbre to wallets other than the one offered on the Website.

ARTICLE 3: DESCRIPTION OF NFTIMBRE

The Service allows you to:

• Purchase collectable stamps and a digital twin in the form of an NFT, representing the stamp issued by La Poste
• Access a tutorial on how to use the Service
• Access their NFT stamps issued by La Poste via NFTimbre.com
• Collect NFT stamps issued by La Poste

The NFTimbre is a digital asset issued in addition to the purchase of the physical collector’s stamp. This NFT cannot be considered a stamp and has no face value or monetary value. La Poste does not sell it separately.

The NFT, which is a digital asset, allows a digital certificate to be linked to the stamp created by La Poste.

This certificate enables:

• verify and certify the proof of origin (the issuer) and therefore any transfers to which it may be subject,
• to verify and certify its timestamp. Every action on an NFT (creation, transfer, modification) is recorded on the blockchain, which ensures immutability and provides certified proof of the action’s existence on that date,
• verify and certify the NFT’s attributes by attaching immutable attributes (First Day Cover) to it, which will remain with it throughout its lifetime,
• To verify and certify the sole ownership of the NFT,
• To ensure its transferability whilst retaining its characteristics.

The NFT will be recorded on the Tezos blockchain.

ARTICLE 4: ACCEPTANCE OF THE T&Cs AND OPERATION OF THE SERVICE

The purpose of these T&Cs is to define the conditions applicable to any purchase transaction carried out online on the Website.

The T&Cs are supplemented by the Website’s Terms of Use (hereinafter “TOU”).

La Poste reserves the right at any time to make changes to the NFTimbre.com Service and consequently to the T&Cs. Any changes shall take effect from the date of their publication or, where applicable, on any other date specified in any specific terms and conditions applicable to the NFTimbre.com Service. La Poste will endeavour to notify the Customer of any changes to the T&Cs; however, it is the Customer’s responsibility, prior to any use of the NFTimbre.com Service, to refer to the latest version of the T&Cs, which is available at all times on the Service. The Customer must accept the new T&Cs in order to continue using the Service. In the event of disagreement with the new provisions, the Customer will no longer be able to access the Service.

The terms and conditions for creating an Account on the Website are set out in the Terms of Use, which the Customer is invited to consult.

To purchase products on the www.NFTimbre.com website, creating an Account is a mandatory, free step and requires the express acceptance of NFTimbre’s Terms of Use and La Poste’s ‘My Account’ Terms of Use, regardless of the device used (computer, tablet, smartphone, etc.).

Indeed, by subscribing to the NFTimbre Service, the Subscriber creates a La Poste account, known as La Poste’s “Mon Compte”, which will enable them, in particular, to log in to all La Poste services using the same username and password.

The Customer must then confirm the creation of their account by entering the verification code sent to the email address previously provided.

Finally, the Customer may now provide their delivery/billing address, though this is not mandatory.

The Customer is then notified that their NFTimbre.com account has been created.

ARTICLE 5: SUBSCRIPTION TO THE SERVICE

The Service is accessible via a secure URL: https://www.NFTimbre.com

Access to the Service is prohibited to minors.

Where a subscription to a service concerns a protected adult, only the person appointed by the guardianship judge may enter into the contract on behalf of the protected adult. The Customer designated by the guardianship judge who is subscribing to a service on behalf of a protected adult guarantees to La Poste that they are in possession of the judge’s decision certifying their appointment. In this specific case of subscription, the Customer declares on their honour that they are entitled to subscribe to the service on behalf of another person. The Customer indemnifies La Poste against any action brought against it, or any complaint lodged against it, by a third party, as a result of a false declaration on the Customer’s honour made when subscribing to the Service. This indemnity covers any sum that La Poste may be required to pay to third parties in connection with any such action.

ARTICLE 6: ORDER – PRICE – PAYMENT

6.1 Order

To place an order, the Customer is asked to follow the instructions on the Website.

The maximum value of a shopping basket is four hundred euros including all taxes, i.e. 50 stamps per order.

If the Customer wishes to make a purchase on the Website, they must select their items and add them to the basket.

Once the items have been selected, the Customer may confirm the contents of their basket and finalise the order. The Customer may change the quantity of stamps in their basket at any time. The order will only be registered upon final confirmation of the order summary screen.

The Customer’s consent is confirmed, in accordance with the double-click procedure, by clicking to confirm the order.

The Customer is redirected to a page asking them to enter their delivery details. The Customer checks that the information provided during the order is complete and accurate.

To pay for their order, the Customer selects their payment method. This is followed by an obligation to pay.

As soon as payment is made and confirmed, an order payment confirmation page is displayed. This page contains a summary of the order.

At the same time, an order confirmation email is sent to the Customer at their email address. The Customer can track the status of their order via their Customer Account.

La Poste reserves the right to block an order, particularly in the event of suspected or proven fraud (compromised login details, etc.) under the conditions set out in Article 10 “Termination – End of Contract” of these terms and conditions.

Electronic invoices are made available to the Customer in PDF format in their Customer Area. For further information on electronic invoices, the Customer may consult the “FAQ” section available on the Website.

The Customer’s account will be debited with the corresponding amount only when:

• the details of the credit card used have been verified

• the debit has been accepted by the bank that issued the credit card.

Where applicable, the order confirmed by the Customer shall only be deemed effective once the secure payment gateway has approved the transaction.

6.2 Prices

The prices applicable to the products appear on the website and are those in force at the time the order is confirmed.

They are expressed in euros (€) and are exclusive of tax for products subject to VAT. The applicable VAT rate will be that in force at the time the order is confirmed and indicated to the Customer at the time of ordering.

The price of the Products in force at the time of ordering is indicated in euros inclusive of all taxes (VAT included) excluding any delivery and transport costs. If delivery or transport costs apply, they will be added to the price of the Products and shown separately before the Customer confirms the order. The total amount due by the Customer and a breakdown of this amount are shown on the order confirmation page.

The Website also reserves the right to offer preferential rates. These benefits will be displayed on the Website or communicated to Customers by any other means.

These benefits and preferential offers may be subject to conditions of validity.

The prices quoted include any discounts and rebates that the Website may grant.

If any charges and/or taxes are applicable, they will be added to the price of the Products and shown separately before the Customer confirms the order.

The total amount due by the Customer and a breakdown of this amount are shown on the order confirmation page.

The price is payable in full upon confirmation of the order.

In the case of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and the French overseas departments and territories, the price will be automatically calculated excluding tax on the invoice.

Customs duties or other local taxes, import duties or government taxes may be payable. These shall be borne by the Customer.

6.3 Payment terms

Payment may only be made on the Website by credit card.

La Poste reserves the right to amend, at any time and without notice, the payment methods offered on the Website.

The list of accepted credit cards is available on the Website.

Bank details are stored in accordance with the legal provisions in force. For any payment by credit card, the Customer warrants that they are the cardholder or have the cardholder’s express authorisation to pay for the purchase made. Any fraudulent use of a credit card will result in the termination of the Account under the conditions set out in Article 10 herein.

Certain security measures may be implemented by banks to secure payment for the order, such as the technology known as ‘3D Secure’. This secure payment process will be implemented in certain cases, depending, for example, on the payment amount.

The ONE Click option allows the Customer to save their bank details and reuse them without having to re-enter them for each payment.

6.4 Delivery of the order

Following the purchase, the Customer will receive the items ordered within an estimated timeframe of 7 to 10 days, due to preparation and delivery times. In the event of high demand, the Website may extend these timeframes in order to guarantee the quality and security of shipments.

The order will be dispatched with a tracking service (Colissimo suivi), which can be accessed via the Website under “My Account” – “My Purchases”.

Special provision for NFTimbres: by express agreement between the Parties, the transfer validated in the Wallet constitutes proof of transfer of ownership, which constitutes irrevocable acceptance of the item delivered and acknowledgement of La Poste’s proper fulfilment of its delivery obligation.

ARTICLE 7: OBLIGATIONS OF THE PARTIES

7.1 LA POSTE

Sale of Physical Stamps and NFTs

The number of physical stamps and NFTs offered for sale on the Website is limited due to the nature of these collectibles.

The customer will be informed of the availability of the stamps by a visible notice on the Website.

Upon launch of the Service, 100,000 stamps will be issued and 100,000 NFTs will be associated with them.

La Poste will use its best endeavours to inform customers as soon as possible of any unavailability once all stamps have been sold. The Customer waives any claim in the event that the stamps are no longer available on the day they wish to place an order or in the event that stock is reduced as a result of an operation to burn NFTs and the associated physical stamps.

Availability and scalability

Except in cases of force majeure referred to in Article 14 herein, La Poste undertakes, on a best-efforts basis, to ensure the availability and accessibility of the Website 24 hours a day, 7 days a week.

All costs and charges relating to equipment, communications and other matters necessary for connecting to, accessing and using the Website for the purpose of purchasing items are and shall remain the responsibility of the Customer.

All Customers undertake not to hinder the proper functioning of the Website in any way whatsoever, in particular by transmitting any element likely to contain malicious software or to damage or affect the Website and, more broadly, the information system of La

Poste and/or its partners.

All Customers acknowledge that they are familiar with and understand the Internet and its limitations, including, in particular, its functional characteristics and technical performance, the risks of interruption, response times for viewing, querying or transferring information, and the risks, of whatever nature, inherent in any data transfer, particularly over an open network.

La Poste gives no guarantee whatsoever that access to the Service will be uninterrupted. In the event that the Service is unavailable due to technical malfunctions, La Poste undertakes to use its best endeavours to remedy the situation as soon as possible.

La Poste reserves the right to make any necessary or desirable changes to the Service that may be justified, in particular, by changes to the technical operating procedures of the Service and/or related services, or by changes to the applicable legal framework.

7.2 THE CUSTOMER

Use of the Website and the NFTimbre Service

The Customer is solely and exclusively responsible for their personal and confidential identification details. They shall bear sole responsibility for any consequences that may arise from their use by any unauthorised person who may have gained knowledge of them.

ARTICLE 8: LIABILITY OF LA POSTE

La Poste undertakes to use its best endeavours in the performance of this Contract to fulfil its contractual obligations. At all stages of the online sales process, La Poste is bound by an obligation of means.

In the event that La Poste is held liable, it shall only be liable for compensation for the loss suffered by the Customer, provided that the Customer provides evidence that La Poste’s breach or fault is the cause of such loss. In any event, La Poste shall not be liable where the loss results from:

• the acts, negligence or errors of the Customer or third parties, and failure to comply with the obligations arising from these Terms and Conditions;
• force majeure, for example: flooding, fire, requisition by a public authority…
• an external cause not attributable to La Poste.

La Poste shall not be liable for indirect or consequential damages such as, but not limited to, loss of profit, loss of contract, loss of opportunity, or damage to reputation.

* Regarding the Website

La Poste makes no warranty as to the suitability of the Website and/or the items to meet the Customer’s specific expectations or needs. Similarly, La Poste cannot guarantee that no errors or other operational or usage issues will arise during the use of the Website or the items.

La Poste shall in no circumstances be held liable for the reliability of data transmission, access times, or any restrictions on access to the internet or networks connected to it. La Poste shall not be held liable in the event of an interruption to the networks providing access to the Website, total or partial unavailability of the Website resulting in particular from the telecommunications operator, in the event of transmission errors or problems relating to the security of transmissions, or in the event of a failure of the Customer’s receiving equipment or internet access. La Poste reserves the right to temporarily suspend all or part of the Website for reasons relating to maintenance, the security of the Website or the Customer, or a breach by the Customer of any of their obligations set out herein.

La Poste shall not be held liable for any fraudulent use by a third party of the Customer’s Username and Password, which are confidential.

*Regarding orders

La Poste is solely liable for direct damages resulting from its own breaches. Under no circumstances shall La Poste be liable for damages such as: financial or commercial loss, loss of customers, any commercial disruption, loss of profit, damage to brand reputation, or loss of computer programmes suffered by the Customer, which damages are, by express agreement, deemed to be indirect damages.

La Poste shall not be liable and shall not be deemed to have breached its obligations in the event of non-performance of all or part of its obligations where such non-performance results from a force majeure event. In such a case, La Poste shall inform the Customer and shall work with them to determine the measures to be taken to remedy the situation in accordance with the provisions of the “Force Majeure” clause.

In the event of a fault attributable to La Poste in the performance of its obligations, La Poste shall refund the sum paid by the Customer for the supply of the items by La Poste, to the exclusion of any other compensation.

ARTICLE 9: CUSTOMER’S LIABILITY

The Customer is solely responsible for:

• for the installation, maintenance and monitoring of the technical configuration required to connect to the Website and purchase the items;
• The Customer is solely responsible for the information provided for orders, in particular for its accuracy and truthfulness.
• for the use they make of the items, it being understood that such use must comply with fair trading practices, applicable legislation, public order and public decency.

The Customer indemnifies La Poste against any claim or action by a third party alleging a breach of their rights, arising from the Customer’s use of the Website.

The Customer acknowledges that any use of the Website and/or the items, and more specifically any access to their Account using their login details, is presumed to have been made by the Customer and shall be attributed to them, with the burden of proof to the contrary resting with the Customer. It is agreed that clicking on the button to accept the contractual terms constitutes the Customer’s consent, having first identified themselves by entering their Password. The Contract is definitively formed between La Poste and the Customer when the Customer clicks on the “Confirm” icon after confirming payment where applicable, and La Poste has accepted this payment following verification of the bank details. In the event of a dispute concerning the validity or terms of the transaction, computer records may be used as evidence.

The Customer undertakes to inform La Poste without delay, by any means, of any error, fault or irregularity they may notice in the use of the Website and/or the items, as soon as they become aware of it.

However, in the event of a security alert (anti-virus scan, etc.), a request from an authority (administrative, judicial, etc.), an alert from another user or Customer, or a breach, La Poste reserves the right, where appropriate:

• to suspend and/or terminate access to the Account that does not comply with the rules set out herein
• to apply the provisions of Article 9 “Termination and End of Contract”

ARTICLE 10: TERMINATION AND END OF CONTRACT

10.1 Termination of the Account

The Customer may terminate their Account at any time via the website by accessing the “My Account” section and then clicking on the “Delete my account” link.

The Customer must then enter their password to confirm the request to delete their Account.

The period between the request and the deletion of the account is 30 days, in order to allow the Customer sufficient time to transfer their NFTs to an external wallet. After this period, the account will be irrevocably deleted with no possibility of recovery. Consequently, any NFTs remaining in the Customer’s wallet after this period will also be destroyed with no possibility of recovery.

Finally, it should be noted that, by the very nature of how it operates, any action recorded on the blockchain cannot be deleted. This principle is confirmed by the CNIL: “It is technically impossible to comply with a data subject’s request for rectification or erasure when unencrypted or hashed data is recorded on a blockchain”.

The closure of the NFTimbre Service automatically results in the termination of the Customer’s Account and shall not give rise to any refund whatsoever. Any sums paid by the Customer shall be retained by La Poste.

10.2 Termination by La Poste

La Poste reserves the right to suspend, temporarily or permanently, all or part of the NFTimbre Service for reasons relating to the security of the NFTimbre Service, the security of the Customer, or a breach or suspected breach by the Customer of any of their obligations set out herein. Such termination shall take effect automatically, without prejudice to any damages that La Poste may claim.

La Poste also reserves the right to unilaterally terminate this contractual relationship in the event that La Poste permanently discontinues the NFTimbre Service.

Furthermore, in the event of non-payment by the Customer to the NFTimbre Service, La Poste may initiate proceedings to terminate the NFTimbre Service.

ARTICLE 11: PROCESSING OF PERSONAL DATA – GDPR – COOKIES

Any Customer may be required to provide personal data concerning them, in particular when registering, notably in order to use the Website and/or purchase items. For further information on the purposes of personal data processing, the legal bases, the data retention period and the exercise of Customers’ rights, please refer to the following link: https://nftimbre.com/politique-protection-donnees

To facilitate and improve your browsing experience and provide tailored content, the Website uses cookies. For further information, please refer to the following link: https://nftimbre.com/politique-cookies

ARTICLE 12: INTELLECTUAL PROPERTY RIGHTS

The Customer undertakes not to modify, attempt to modify or infringe upon the physical Stamp, the NFT or the Website in any way whatsoever, and not to use any software or computer programme designed to access or make available content that is protected or not freely available. It is also prohibited to create a work or website derived from all or part of this Website, as well as from the physical stamp and the NFT stamp, in accordance with intellectual property law. Consequently, the Customer may under no circumstances store (outside a logged-in session, where applicable), reproduce, display, modify, transmit, publish, adapt on any medium whatsoever by any means whatsoever, or exploit in any way whatsoever, the elements of the Website without the prior written authorisation of La Poste. Any unauthorised extraction and/or reuse of one or more databases taken or copied from, or created from, the content of the Website, whether directly or indirectly, is punishable under civil and criminal law.

These T&Cs do not transfer any intellectual property rights to either Party.

12.1 Grant of rights to the NFTimbre Service (including the Wallet)

In the context of the performance of this Contract, La Poste grants the Customer a right to use the NFTimbre Service. La Poste remains the owner of all its intellectual property rights, its know-how and any developments made during the term of the Contract.

La Poste declares that it holds all rights necessary to enter into the Contract and to comply with all its provisions, and in particular, that it holds the necessary and sufficient rights to grant a licence to use the NFTimbre Service.

La Poste warrants that the Service, including all updates and/or new versions, does not and will not constitute, in whole or in part, any infringement, unfair competition or parasitism.

La Poste guarantees the Customer the undisturbed use of the services and all other elements provided to them under the Contract. In this regard, La Poste undertakes, in respect of these elements, to assume full liability for any claim, demand, action or recourse against the Customer, arising from any third party, in connection with the use of said elements, and shall bear all costs and damages that may result therefrom, in particular as a result of a court decision, including a non-final one, or a settlement agreement.

In the event of a claim, demand, action or recourse, the Customer shall have the choice between:

• Obtaining, through the intervention of La Poste, authorisation from the holder of prior rights to continue to access and use the Services, in accordance with the terms of reference, at no additional cost and under the same conditions as those defined in the Contract;
• terminating the Contract, at La Poste’s expense, in accordance with the clause ‘Termination and expiry of the Contract’, in which case La Poste undertakes to reimburse the Customer for any sums paid in advance.

The warranties granted by La Poste under this paragraph shall not be subject to any limitation (whether of warranty or liability).

12.2 Use of La Poste’s distinctive signs

Furthermore, La Poste is and shall remain the owner of its distinctive signs, namely trademarks, company names and other names, trade names, signs and domain names. The reproduction, imitation or affixing, in whole or in part, of the trademarks and designs belonging to the La Poste Group is strictly prohibited without its prior written consent.

12.3 Use of physical stamps

Postage stamps and philatelic products are protected by intellectual property rights and/or other rights held by La Poste or which it is authorised to use. The Customer may under no circumstances reproduce, represent, modify, transmit, publish, adapt on any medium whatsoever by any means whatsoever, or exploit in any way whatsoever, the postage stamps and/or philatelic products, in whole or in part, without the prior written authorisation of La Poste. The Customer must comply with all notices relating to intellectual property rights appearing on the postage stamps and/or philatelic products and must not alter, remove, modify or otherwise infringe upon them

Criminal provisions

Any infringement of copyright, whether involving the identical or similar reproduction or the modification or alteration of a physical or digital stamp, constitutes the offence of counterfeiting, punishable by a fine of €300,000 and three years’ imprisonment (Intellectual Property Code, Articles L. 335-2 et seq.).

Additional penalties, such as closure of the establishment, confiscation and publication of the court decision by public notice, may also be imposed.

Furthermore, Articles 443 et seq. of the new Criminal Code govern the counterfeiting of postage stamps as legal tender. The reproduction of postage stamps is therefore subject to certain rules designed to prevent any confusion with the original postage stamp and its fraudulent use.

As a reminder, Article 443-2 of the Criminal Code states that: “The counterfeiting or forgery of postage stamps or other postal legal tender, as well as stamps issued by the tax authorities, and the sale, transport, distribution or use of such counterfeit or forged stamps or legal tender, shall be punishable by five years’ imprisonment and a fine of 75,000 euros.”

12.4 Use of the NFT work

All provisions concerning the intellectual property of the physical stamp apply to the NFT work.

Under the rights of use and exploitation granted by this licence, the Customer may reproduce the acquired NFT stamps in their Wallet, either permanently or temporarily, for the purposes of loading, displaying, executing, transmitting or storing the NFT. The Customer may use the work in accordance with private copying regulations, namely a paper reproduction for their own use.

Apart from the rights granted in this article above and without prejudice to them, the Customer is not authorised hereunder to:

• Copy, print, transfer, transmit or display all or part of the work for commercial purposes;
• Rent, sub-license or distribute the work in any way whatsoever;
• Modify the work and/or merge all or part of the NFTimbre into other works;

The Customer shall not remove, modify or alter in any way the author’s name, trademarks or copyright notices appearing on the work.

Failure to respect the author’s intellectual property rights may result in civil and criminal proceedings for infringement.

ARTICLE 13 RIGHT OF WITHDRAWAL

13.1 Scope

In accordance with Article L221-18 et seq. of the French Consumer Code, the Customer has a right of withdrawal of 14 calendar days for Products and Services sold on the Website, unless otherwise stated in their product descriptions. This withdrawal period begins 14 days from receipt of the physical stamps ordered.

13.2 Exclusions from the right of withdrawal

No right of withdrawal may be exercised by business customers.

13.3 How to exercise the right of withdrawal

The Customer may exercise their right of withdrawal via the contact form on the Website.

Once the request has been made, with a response time not exceeding 30 days, an address will be provided to the Customer so that the NFT can be transferred to La Poste. A postal address will also be provided so that the physical stamp(s) can be returned, at the Customer’s expense.

La Poste will process the refund using the same payment method as that used by the Customer for the initial transaction.

ARTICLE 14: LEGAL WARRANTIES

The Customer is entitled to the statutory guarantee of conformity provided for in Articles L217-4 et seq. of the Consumer Code and the guarantee against hidden defects provided for in Articles 1641 et seq. of the Civil Code for all orders of products and services placed on the Website.

14.1 Statutory guarantee of conformity

The Customer has a period of two years to invoke the legal guarantee of conformity from the date of delivery of the product, without needing to provide proof of the existence of the defect prior to delivery. Due to the specific nature of NFTs and the fact that they are a limited edition, the product cannot be replaced with an identical item, nor can it be repaired. Consequently, the Customer may receive a full refund upon returning the product at La Poste’s expense.

14.2 Statutory warranty against hidden defects

The Customer has a period of two years to invoke the statutory warranty against hidden defects from the date of discovery of the defect, and up to a maximum of five years from the date of delivery of the product. The Customer must provide evidence that the defect existed prior to delivery of the product and that it was not visible at the time of delivery. In the event of a confirmed hidden defect, the Customer shall have the choice between:

• a full refund of the price of the returned product;

• a partial refund of the price of the product if the Customer retains the product.

ARTICLE 15: FORCE MAJEURE

A Party shall not be held liable for any delay in the performance of its obligations or for any failure to perform its obligations under the Contract where the circumstances giving rise thereto constitute force majeure as defined by Article 1218 of the Civil Code and case law.

Events beyond the control of the Parties and which they could not reasonably have been expected to foresee shall be considered as force majeure in relation to the Parties’ obligations, insofar as their occurrence makes the performance of their obligations more difficult or more costly. This shall apply in particular to cases recognised by case law.

A Party wishing to invoke a case of force majeure must notify the other Party by any means as soon as possible once it becomes aware of such an event. Initially, cases of force majeure shall suspend the performance of the Contract.

Once the event invoked as force majeure has ceased, the affected Party shall inform the other Party without delay and shall immediately resume the performance of its obligation. If the force majeure events last for more than two (2) months, the Contract shall be automatically terminated.

ARTICLE 16: MISCELLANEOUS PROVISIONS

The Parties are not bound by any “affectio societatis” and the Contract shall not be interpreted as creating any entity with legal personality, in any capacity whatsoever, between the Parties. The Contract shall under no circumstances be deemed to create a joint venture or joint subsidiary between the Parties.

The fact that either Party has not enforced any of its rights, unless otherwise stipulated in accordance with the terms of this Contract, or any clause of this Contract, whether permanently or temporarily, shall not constitute a waiver of such rights or such clause for the future. The invalidity of any clause of the Agreement taken as a whole shall not affect the validity of the other clauses.

Consequently, the Parties shall amend the Agreement, whilst preserving their original intentions, and shall take the necessary measures to render the disputed clause lawful, valid and enforceable.

For the performance of the Contract and any matters arising therefrom, the Parties hereby elect domicile at their registered offices or addresses set out at the head of this document.

Any notice required under the terms of the Contract must be given to the other Party in writing, by registered letter with acknowledgement of receipt, or by any other means of which receipt can be proven, to the address indicated at the head of this document or to any other address that either Party may subsequently notify the other in writing in accordance with this clause. Such notice shall be deemed to have been received by a Party on the first working day following its first presentation to that Party.

The headings of the articles, paragraphs, annexes and table of contents are provided for reference and convenience only. They do not form an integral part of the Contract, nor shall they be taken into account in its interpretation.

It is expressly agreed between the Parties that the language governing this Agreement is French.

La Poste shall refrain from using, citing or including, in whole or in part, in any communication whatsoever, by any means and on any medium whatsoever, the names, trademarks, trade names or any other distinctive signs belonging to the Customer, and, more generally, to any entity related to the Customer, for reference, publication, information to third parties and/or for commercial and/or promotional purposes, unless prior written authorisation has been obtained.

ARTICLE 17: ANTI-CORRUPTION AND INTERNATIONAL SANCTIONS

17.1: ANTI-CORRUPTION

La Poste expects the Customer, particularly business customers, to conduct all its activities with the utmost integrity.

In this regard, the Customer undertakes to:

• familiarise themselves with La Poste Group’s anti-corruption policy as well as its policy on gifts and invitations, which La Poste undertakes to provide;
• be familiar with and comply with all national and international laws, regulations and standards applicable to the conduct of its business. This undertaking includes the obligation to comply with all legislation criminalising acts of corruption, influence peddling, extortion, illegal taking of interest, embezzlement of public funds and favouritism

The Customer certifies that neither they nor their directors or representatives have been convicted of corruption, influence peddling, extortion, illegal taking of interest, misappropriation of public funds, favouritism or any other breach of integrity. XXXXXX also acknowledges that they have not benefited from a settlement procedure following the commission of acts of a similar nature.

The Business Customer undertakes to demonstrate complete transparency by immediately informing La Poste in the event of such acts being committed during the term of the contract or of any other breach of integrity.

In the event of a breach of any of the aforementioned undertakings, a conviction for the acts referred to, or the benefit of a settlement procedure under the conditions set out, the “Termination” clause of these terms and conditions may be invoked.

17.2: INTERNATIONAL SANCTIONS

The Customer acknowledges and warrants that they comply with national and international regulations relating to restrictive measures, asset freezes or embargoes and the fight against terrorism and money laundering, imposed in particular by applicable international sanctions regimes, and shall not knowingly take any action likely to breach them throughout the term of this Contract.

In particular, the Customer confirms that it is not knowingly engaged in any business relationship, whether direct or indirect, with countries and/or persons subject to sanctions by the French authorities (the Treasury’s national asset freeze register), the Council of the European Union, the United Nations Security Council, or any other foreign regulations that may apply to their activities.

The Customer undertakes to notify La Poste as soon as possible of any suspicion or knowledge they may have regarding a potential breach of the aforementioned regulations as referred to above.

Failure to comply with the provisions of this Article may result in the immediate termination of the Contract as of right, at the sole fault of the defaulting Party, without the need for any judicial or other formalities.

ARTICLE 18: HANDLING OF COMPLAINTS

REFERRAL TO THE CONSUMER MEDIATOR OF THE LA POSTE GROUP

Unresolved disputes may be referred to the La Poste Group Consumer Ombudsman if the Customer Service response does not satisfy the Customer/User or if they have not received a response within two (2) months of submitting their complaint to Customer Service. The referral may be made, at the Customer’s discretion:

• via the Ombudsman’s website https://mediateur.groupelaposte.com/saisine
• by post to the following address: Le Médiateur de la Consommation du Groupe La Poste, CP Y812, 5 rue du colonel Pierre AVIA, 75757 PARIS CEDEX 15

The full terms and conditions for submitting a complaint are available by clicking here.

ARTICLE 19: GOVERNING LAW AND DISPUTE RESOLUTION

The Parties expressly acknowledge that French law is the sole applicable law.

In the event of a dispute relating to the interpretation, formation or performance of the Contract, the Parties undertake to attempt to resolve their dispute amicably. Similarly, in the absence of an amicable settlement, express and exclusive jurisdiction is conferred on the competent courts within the jurisdiction of Paris, notwithstanding multiple defendants or proceedings for interim relief, third-party proceedings or protective measures.